OM PARKASH Vs. SWARAN LATA AND OTHERS

JUDGEMENT

(1.) This appeal is directed against judgment, decree dated 23.6.2012 passed by Additional District Judge, Una in Civil Appeal No. 70/2010 affirming judgment, decree dated 23.9.2010 passed by Civil Judge (Jr. Division), Court No. II, Amb, in Civil Suit No. 228/2001.

(2.) The facts, in brief, are that Ved Parkash, predecessor-ininterest of respondents No.1 (a) to 1(d) and respondent No.2 had filed a suit for possession regarding land comprised in Khasra Nos. 1027 and 1028 village Ram Nagar, Thathal, Tehsil Amb, more specifically described in the plaint with consequential relief of permanent prohibitory injunction against the appellant and proforma respondent No.3 on the basis of title. It has been pleaded that the appellant and proforma respondent No.3 have no right, title and interest over the suit land. The appellant and proforma respondent No.3 had encroached the suit land in September, 1999. Ved Parkash, predecessor-in-interest of respondents No.1 (a) to 1(d) even raised some construction over the suit land. The appellant and proforma respondent No.3 declined to vacate the suit land, hence suit.

(3.) The appellant and proforma respondent No.3 contested the suit. They took several preliminary objections such as maintainability, estoppel, valuation, suppression of material facts. On merits, they pleaded that Ved Parkash and respondent No.2 were the owners of the suit land but they asserted that they had been coming in possession of the suit land since June, 1999 as per oral exchange of the suit land in lieu of khasra Nos. 1212 and 1204. Ved Parkash and respondent No.2 filed replication and reiterated their stand taken in the plaint while denying the defence of the appellant and proforma respondent No.3.